Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Production order — transmission data

• 487.016 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to prepare and produce a document containing transmission data that is in their possession or control when they receive the order.

• Marginal note:Conditions for making order

  (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to suspect that

  • (a) an offence has been or will be committed under this or any other Act of Parliament; and

  • (b) the transmission data is in the person’s possession or control and will assist in the investigation of the offence.

• Marginal note:Form

  (3) The order is to be in Form 5.007.

• Marginal note:Limitation

  (4) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order.

Marginal note:Production order —  tracking data

• 487.017 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to prepare and produce a document containing tracking data that is in their possession or control when they receive the order.

• Marginal note:Conditions for making order

  (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to suspect that

  • (a) an offence has been or will be committed under this or any other Act of Parliament; and

  • (b) the tracking data is in the person’s possession or control and will assist in the investigation of the offence.

• Marginal note:Form

  (3) The order is to be in Form 5.007.

• Marginal note:Limitation

  (4) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order.

Marginal note:Production order — financial data

• 487.018 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a financial institution, as defined in section 2 of the Bank Act, or a person or entity referred to in section 5 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, to prepare and produce a document setting out the following data that is in their possession or control when they receive the order:

  • (a) either the account number of a person named in the order or the name of a person whose account number is specified in the order;

  • (b) the type of account;

  • (c) the status of the account; and

  • (d) the date on which it was opened or closed.

• Marginal note:Identification of person

  (2) For the purpose of confirming the identity of a person who is named or whose account number is specified in the order, the order may also require the institution, person or entity to prepare and produce a document setting out the following data that is in their possession or control:

  • (a) the date of birth of a person who is named or whose account number is specified in the order;

  • (b) that person’s current address; and

  • (c) any previous addresses of that person.

• Marginal note:Conditions for making order

  (3) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to suspect that

  • (a) an offence has been or will be committed under this or any other Act of Parliament; and

  • (b) the data is in the possession or control of the institution, person or entity and will assist in the investigation of the offence.

• Marginal note:Form

  (4) The order is to be in Form 5.008.

• Marginal note:Limitation

  (5) A financial institution, person or entity that is under investigation for the offence referred to in subsection (3) may not be made subject to an order.

Marginal note:Conditions in preservation and production orders

• 487.019 (1) An order made under any of sections 487.013 to 487.018 may contain any conditions that the justice or judge considers appropriate including, in the case of an order made under section 487.014, conditions to protect a privileged communication between a person who is qualified to give legal advice and their client.

• Marginal note:Effect of order

  (2) The order has effect throughout Canada.

• Marginal note:Power to revoke or vary order

  (3) On ex parte application made by a peace officer or public officer, the justice or judge who made the order  —  or a judge in the judicial district where the order was made  —  may, on the basis of an information on oath in Form 5.0081, revoke or vary the order. The peace officer or public officer must give notice of the revocation or variation to the person who is subject to the order as soon as feasible.

Marginal note:Order prohibiting disclosure

• 487.0191 (1) On ex parte application made by a peace officer or public officer, a justice or judge may make an order prohibiting a person from disclosing the existence or some or all of the contents of a preservation demand made under section 487.012 or a preservation or production order made under any of sections 487.013 to 487.018 during the period set out in the order.

• Marginal note:Conditions for making order

  (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.009 that there are reasonable grounds to believe that the disclosure during that period would jeopardize the conduct of the investigation of the offence to which the preservation demand or the preservation or production order relates.

• Marginal note:Form

  (3) The order is to be in Form 5.0091.

• Marginal note:Application to revoke or vary order

  (4) A peace officer or a public officer or a person, financial institution or entity that is subject to an order made under subsection (1) may apply in writing to the justice or judge who made the order  —  or to a judge in the judicial district where the order was made  —  to revoke or vary the order.

Marginal note:Particulars — production orders

• 487.0192 (1) An order made under any of sections 487.014 and 487.016 to 487.018 must require a person, financial institution or entity to produce the document to a peace officer or public officer named in the order within the time, at the place and in the form specified in the order.

• Marginal note:Particulars — production order to trace specified communication

  (2) An order made under section 487.015 must require a person to produce the document to a peace officer or public officer named in the order as soon as feasible after they are served with the order at the place and in the form specified in the order.

• Marginal note:Form of production

  (3) For greater certainty, an order under any of sections 487.014 to 487.018 may specify that a document may be produced on or through an electro-magnetic medium.

• Marginal note:Non-application

  (4) For greater certainty, sections 489.1 and 490 do not apply to a document that is produced under an order under any of sections 487.014 to 487.018.

• Marginal note:Probative force of copies

  (5) Every copy of a document produced under section 487.014 is admissible in evidence in proceedings under this or any other Act of Parliament on proof by affidavit that it is a true copy and has the same probative force as the document would have if it were proved in the ordinary way.

• Marginal note:Canada Evidence Act

  (6) A document that is prepared for the purpose of production is considered to be original for the purposes of the Canada Evidence Act.

Marginal note:Application for review of production order

• 487.0193 (1) Before they are required by an order made under any of sections 487.014 to 487.018 to produce a document, a person, financial institution or entity may apply in writing to the justice or judge who made the order  —  or to a judge in the judicial district where the order was made  —  to revoke or vary the order.

• Marginal note:Notice required

  (2) The person, institution or entity may make the application only if they give notice of their intention to do so to a peace officer or public officer named in the order within 30 days after the day on which the order is made.

• Marginal note:No obligation to produce

  (3) The person, institution or entity is not required to prepare or produce the document until a final decision is made with respect to the application.

• Marginal note:Revocation or variation of order

  (4) The justice or judge may revoke or vary the order if satisfied that

  • (a) it is unreasonable in the circumstances to require the applicant to prepare or produce the document; or

  • (b) production of the document would disclose information that is privileged or otherwise protected from disclosure by law.

Marginal note:Destruction of preserved computer data and documents — preservation demand

• 487.0194 (1) A person to whom a preservation demand is made under section 487.012 shall destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under that section as soon as feasible after the demand expires or is revoked, unless they are subject to an order made under any of sections 487.013 to 487.017 with respect to the computer data.

• Marginal note:Destruction of preserved computer data and documents — preservation order

  (2) A person who is subject to a preservation order made under section 487.013 shall destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under that section as soon as feasible after the order expires or is revoked, unless they are subject to a new preservation order or to a production order made under any of sections 487.014 to 487.017 with respect to the computer data.

• Marginal note:Destruction of preserved computer data and documents — production order

  (3) A person who is subject to a production order made under any of sections 487.014 to 487.017 with respect to computer data that they preserved under a preservation demand or order made under section 487.012 or 487.013 shall destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under that section as soon as feasible after the earlier of

  • (a) the day on which the production order is revoked, and

  • (b) the day on which a document that contains the computer data is produced under the production order.

• Marginal note:Destruction of preserved computer data and documents — warrant

  (4) Despite subsections (1) to (3), a person who preserved computer data under a preservation demand or order made under section 487.012 or 487.013 shall destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under that section when a document that contains the computer data is obtained under a warrant.

Marginal note:For greater certainty

• 487.0195 (1) For greater certainty, no preservation demand, preservation order or production order is necessary for a peace officer or public officer to ask a person to voluntarily preserve data that the person is not prohibited by law from preserving or to voluntarily provide a document to the officer that the person is not prohibited by law from disclosing.

• Marginal note:No civil or criminal liability

  (2) A person who preserves data or provides a document in those circumstances does not incur any criminal or civil liability for doing so.

Marginal note:Self-incrimination

487.0196 No one is excused from complying with an order made under any of sections 487.014 to 487.018 on the ground that the document that they are required to produce may tend to incriminate them or subject them to a proceeding or penalty. However, no document that an individual is required to prepare may be used or received in evidence against them in a criminal proceeding that is subsequently instituted against them, other than a prosecution for an offence under section 132, 136 or 137.

Marginal note:Offence — preservation demand

487.0197 A person who contravenes a preservation demand made under section 487.012 without lawful excuse is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $5,000.

Marginal note:Offence — preservation or production order

487.0198 A person, financial institution or entity that contravenes an order made under any of sections 487.013 to 487.018 without lawful excuse is guilty of an offence punishable on summary conviction and liable to a fine of not more than $250,000 or to imprisonment for a term of not more than two years less a day, or to both.

Marginal note:Offence — destruction of preserved data

487.0199 A person who contravenes section 487.0194 without lawful excuse is guilty of an offence punishable on summary conviction.

Marginal note:Assistance order

• 487.02 (1) If an authorization is given under section 184.2, 186 or 188 or a warrant is issued under this Act, the judge or justice who gives the authorization or issues the warrant may order a person to provide assistance, if the person’s assistance may reasonably be considered to be required to give effect to the authorization or warrant. The order has effect throughout Canada.

• Marginal note:Telecommunication

  (2) If the authorization is given or the warrant is issued by a means of telecommunication under section 184.3 or 487.1, the order to provide assistance may be issued by a means of telecommunication and, in that case, section 184.3 or 487.1, as the case may be, applies with respect to the order.